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42 U.S. Code § 6991k

Delivery prohibition

42 U.S. Code § 6991k. Delivery prohibition

(a) Requirements
(1) Prohibition of delivery or deposit
Beginning 2 years after August 8, 2005, it shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility which has been identified by the Administrator or a State implementing agency to be ineligible for such delivery, deposit, or acceptance.
(2) GuidanceWithin 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum—
(A)
the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance;
(B)
the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries;
(C)
the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance;
(D)
one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and
(E)
a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4).
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